Public Law Solicitors

Our public law team’s successful application for bail on behalf of a group of Sri Lankan asylum seekers’ has featured in an article written by caseworker Guy Atoun and published by Free Movement online.

The victory enables our clients to access more of the island beyond the tiny encampment they were kept in for more than two years.

Duncan Lewis Solicitors successfully represented a number of Claimants in their application for bail to the Supreme Court of the British Indian Ocean Territory made on 2 April 2024.

The Claimants were asylum seekers who had fled from Sri Lanka on a boat to Canada. The distressed boat was brought ashore within the territory's waters. Since their arrival on Diego Garcia, the group have been kept in an encampment referred to as Thunder Cove, which was initially an open area. The group were initially prevented from having contact with the outside world due to security concerns. From the outset, the group of people were told they must remain within the confines of the camp for security related reasons due to Diego Garcia hosting a joint UK/US military facility, under an agreement made by an exchange of diplomatic notes between the governments of the US and the UK.

The Claimants relied on evidence that large parts of Diego Garcia are not sensitive at all, despite the Defendant’s assertions to the contrary. For example, in a public hearing to determine the Claimants’ application for interim relief on 15 April 2024, the Claimants presented evidence demonstrating a group of NFL Cheerleaders visiting the island in recent months, who were there to “entertain the troops”. The Claimants also showed footage of the Brit Club, a popular venue on Diego Garcia, which sells subsidised alcohol and hosts regular foam parties.

The asylum seekers now have for the first time in over two and a half years been granted access certain areas in Diego Garcia outside of the camp.

About the author:

Guy Atoun is a Caseworker in the Public Law Department at Duncan Lewis Solicitors, based in the City of London office. Guy assists solicitors and caseworkers on public law matters under the direct supervision of Director Toufique Hossain. He handles publicly funded (legal aid) clients, advising on affordable fixed fee and hourly rate packages. Before joining Duncan Lewis, Guy gained experience through legal research roles at university pro-bono clinics and as a volunteer legal researcher at 3DCentre, a UK-based NGO promoting human rights worldwide.

The full Free Movement article can be read here